How to get started making a Will

Nearly a third of UK adults say they haven’t made a Will because they don’t know where to get started. These worrying statistics could leave many bereaved families distressed if their loved ones haven’t communicated their wishes property through a Will. 

It doesn’t need to take a long time to prepare or update your Will, especially if you have an expert to guide you through the process. Preparing a Will reduces the burden on your loved ones after your death and reduces the risk of issues arising after death which can be costly and time consuming. 

This post provides an overview of what steps you can take to update your Will effectively. 

How to update your Will 

The important thing to note is that you cannot make alterations to the existing document by writing on the Will itself or adding additional pages, this will invalidate your Will.  

If you want to make amendments to your existing Will, it is important to consider whether you only want to make a minor change or whether you need to create a new Will.  Small changes to your Will can be made by creating a codicil.  

However, if you are considering making several changes it would be advisable to consider preparing a new Will, to avoid confusion or ambiguity. Significant changes to your Will are almost always best managed by preparing a new Will, which will automatically revoke your existing Will. 

What is a codicil? 

A codicil is a legal document that works alongside your existing Will to make minor alterations to your Will.  These changes could be removing a particular clause or making simple additions, such as a cash legacy to a beneficiary. 

For a codicil to be legal and valid, it must adhere to the same signing and witness criteria as a Will.  

These are some changes which can be made using a codicil: 

• Changing an executor 
• Updating beneficiaries 
• Updating gifts 
• Updating funeral wishes 
• Updating guardianship provisions for minor children 

It is important for any codicil’s to be kept with the original Will once completed to ensure that the Will and updated instructions are met. If a codicil is lost, it could make the estate susceptible to a challenge.  

Writing a new Will 

For anything other than minor changes, it is most effective to create a new Will.  

Making a new Will provides you with clarity and the opportunity to consider what you want to happen to your estate when you die.  

Your new Will must clearly state that it revokes any old Wills and Codicils, and it is usually advisable to destroy your old Will and any copies that might exist to avoid confusion.  

Seeking Legal Advice 

Our expert lawyers can guide you through the process of reviewing your Will and updating any provisions or creating a new Will, whichever is most suitable to your circumstances. 

If you are considering making changes to your Will, we can help understand the best solution for you, tailoring the service specifically to your needs and advise on all suitable areas.